Terms and Conditions

Please read these terms and conditions carefully before ordering any Products or Services from Primary Image Ltd. You must understand that by ordering any of our Products or Services, or by using our website, you accept and agree to be bound by these terms and conditions.

Last updated: 1 September 2017.

Contents:

1)  General Terms and Conditions
2)  Terms & Conditions for Printed/Graphic Design Services
3)  Terms & Conditions for Website Development Services
4)  Terms & Conditions for Website Hosting and Domain Names
5)  Terms & Conditions for using this website

 


1. General Terms and Conditions

1.1 Definitions

Unless otherwise stated, the following definitions apply to this document:

  • “We”, “Us” and “Our” are references to Primary Image Ltd, which is registered in England and Wales under company number 7246478. The registered office and trading address is at 16b Preston Road, Westcliff-on-Sea, Essex, SS0 7NB;
  • “You,” “Your” and “Client” are references to the person or organisation (the “Customer”) paying for services from Primary Image Ltd having entered into this agreement, or a user or viewer of this website – www.primaryimage.com;
  • “Service” or “Project” includes any design projects, consultancy, marketing service, web hosting, domain name registration, support, products or other services or facilities provided by Primary Image Ltd to the Customer;
  • “Proposal” or “Specification” is the project scope or specification agreed between you and us, prior to the order being confirmed;
  • “Order” means a request made by the Customer to Primary Image Ltd for services to be supplied;
  • “Server” means the computer server equipment operated by Primary Image Ltd (or a supplier contracted by Primary Image Ltd) in connection with the provision of the Services;
  • “Sign-off” is the Client’s approval that the work provided by Primary Image Ltd is satisfactory and complete.

1.2 Acceptance

1.2.1 You indicate acceptance of these Terms and Conditions by placing an order with Primary Image Ltd.

1.2.2 After placing an order, you will receive an email from us accepting your order (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services and all orders are subject to acceptance by us. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.

1.2.3 Information that you provide while registering an account or placing an order with us must be complete and accurate. You agree that we may block access to your account and the Services we supply if we reasonably believe that the information you have supplied is inaccurate.

1.2.4 By placing an order, you warrant that you are legally capable of entering into binding contracts; and you are at least 18 years old. If you are acting on behalf of a company or other business, you further warrant that you personally have the authority to bind that company or business on whose behalf you are placing an order.

1.2.5 All products and services are subject to availability and may be withdrawn at any time. If your order cannot be fulfilled you will be offered an alternative or given a full refund.

1.2.6 This Agreement supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Modifications of the terms of this contract must be written and authorised by both parties.

1.2.7 Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

1.2.8 This Agreement may be updated without notice and the latest version will be displayed on this website. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. The latest revision date is displayed at the top of this document for your information.

1.2.9 This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.

1.3 Quotes and Proposals

1.3.1 All prices and offers quoted on our Website or in our printed material are subject to confirmation and may change at any time.

1.3.2 Unsigned proposals and offers remain valid for a period of 30 days from their issue.

1.3.3 Product images displayed on our Website or in our printed material are provided for illustrative purposes only and the actual product you receive may differ from the example shown.

1.3.4 Primary Image Ltd reserves the right to sub-contract work or use materials and templates licensed to us from third-parties in order to complete your project. We will not necessarily disclose this information within our Proposal.

1.4 Provision of Materials

1.4.1 You agree to provide us with any content we need to complete your design project, including text, images and other information as and when we need it, and in the format that we ask for. Images can be accepted in the following formats: JPEG, PNG, GIF, BMP, AI, PSD and EPS. Text can be accepted in the following formats: DOC, DOCX, RTF and TXT.

1.4.2 Unless it is included as part our Proposal agreement, we reserve the right to charge additionally for writing copy, supplying stock photography (including our time spent on searching for appropriate material), commissioning custom photography, creating bespoke artwork or scanning your hard copies into a computer format. This will be charged at our Standard Hourly Rate, plus any expenses we incur.

1.4.3 Any time required by us to correct errors, omissions or discrepancies which have arisen through you not providing us with adequate materials will be charged to you at our Standard Hourly Rate.

1.4.4 We accept no responsibility for your project not being completed by a specific date if we are unable to secure the necessary and/or suitable information and/or suitable materials from you.

1.4.5 We accept no responsibility for imperfect work caused by defects in or unsuitability of materials you supplied or specified.

1.5 Revisions

1.5.1 Quotes for our design work include one main design, plus the opportunity for you to make up to two rounds of revisions, unless otherwise stated.

1.5.2 You must put requests in writing so we can keep track of the changes.

1.5.3 If you would like further revisions to your design (more than two rounds of revisions, unless otherwise stated differently), you will need to pay us in full for the work we have produced up until this point. You can commission us to make further design revisions at our Standard Hourly Rate.

1.5.4 If we provide you with an estimated project timescale, this is dependent on Primary Image Ltd receiving all your content and material by the listed due dates (if applicable). If any substantial design work is needed to incorporate your requests during the revision stages, we may need to issue a revised timescale plan to you.

1.5.5 Estimates and quotations are based on the Proposal agreed at the start of the project. Should you wish to amend the specification or request additional work, such as adding further pages, templates or new website functionality, we will charge our Standard Hourly Rate for the additional work needed.

1.6 Payments

1.6.1 For website design projects, unless otherwise stated by us, a 50% commitment fee is required and must clear in our bank account before work commences. This fee will be non-refundable as it covers our management time, preparations and other costs. The remaining balance will be invoiced at the end of the project upon sign-off, unless we have specified otherwise in our proposal to you.

1.6.2 For website edits or maintenance work, unless otherwise stated by us, any work you request after completion will be invoiced at our Standard Hourly Rate.

1.6.3 For all other work, unless otherwise stated by us, the full amount due must be paid (and clear in our bank account) in advance of us starting work or offering our services.

1.6.4 Where work is to be invoiced after completion, if the project becomes delayed later than 28 days after the estimated completion date, we reserve the right to issue an invoice for our work and costs up until this point, whether or not the project has been “signed-off” at this stage.

1.6.5 Invoices must be paid within 30 days, unless otherwise stated by Primary Image Ltd.

1.6.6 In accordance with the Late Payment of Commercial Debts Regulations 2002, we reserve the right to charge an automatic late payment fee of £40 (for invoices under £1,000) or £70 (for invoices £1,000 and over), plus 8% interest on top of the Bank of England base rate, which shall accrue from the date payment becomes due until the date the payment is received.

1.6.7 Clients will also be liable for any legal, debt collection or bank charges that we incur in receiving unpaid invoices or handling bounced cheques.

1.6.8 Where a payment is late, we also reserve the right to suspend the operation of your Website until the amount due is received.

1.6.9 Should your chosen payment method fail, Primary Image Ltd will attempt to settle your invoice using any other payment methods available to us on your account.

1.6.10 To help the environment, Primary Image Ltd no longer sends out a printed copy of invoices and instead these are issued electronically via email. If you request a paper invoice, we will charge £5 per copy requested.

1.7 Standard Hourly Rate

1.7.1 Our standard hourly rate is £48 per hour (effective from 1st January 2017).

1.7.2 When we are carrying out work for you on a per-hour basis, you may contact us in advance to set a cap/limit on the maximum number of hours we undertake.

1.7.3 Our minimum billing charge is £24 (30 minutes’ work).

1.7.4 Our billing time is calculated to the nearest fifteen minutes (rounded up).

1.8 Termination

1.8.1 Where you instruct us to undertake any service, you will be responsible for our costs in providing that service whether or not it proceeds to its conclusion (including projects put on-hold).

1.8.2 If you do not respond to our email or phone messages requesting agreed information, content or sign-off for more than three weeks and after we have made a minimum of three attempts to contact you, we will treat the project as closed and, if a balance is due, issue an invoice.

1.8.3 For fixed-fee projects below £650, no refund will be given once we have commenced work. For projects of £650 or greater, we will issue a refund for cancelled projects for the proportion of work outstanding (calculated in our sole discretion).

1.8.4 When per-hour projects are terminated, you will only be liable for the number of hours we have already completed, including any preparatory work we may have carried out that we would otherwise not have billed for.

1.8.5 The Consumer Protection Regulations (Distance Selling) 2000 provide consumers (as opposed to business customers) with a right to cancel orders for goods and services ordered ‘at a distance’ within seven days of the placing of the order in certain circumstances.

1.8.6 Customers agree that, should their order be accepted by Primary Image Ltd, performance of the terms of the contract will begin as soon as possible. As a result of this performance of the contract, in accordance with Regulation 13(1)a the cancellation right provided by the Consumer Protection Regulations (Distance Selling) 2000 will no longer apply after performance has begun. For the avoidance of doubt, performance is considered to have begun when we send out an email confirming we have begun work or have setup your service. The regulations also do not apply to the sale of customised goods.

1.8.7 If your project is cancelled, any outstanding amounts shall be due within 30 days of the termination. In addition, Primary Image Ltd will retain ownership of the terminated project.

1.9 Force Majeure

1.9.1 We do not accept liability for any delay or failure to meet our obligations under the agreement that result from events beyond our reasonable control. You agree that you will not hold Primary Image Ltd or our contractors liable for any damages that arise.

1.9.2 Events beyond our control include (but are not limited to) software, hardware or electrical failures, natural events (acts of God), strikes, accidents, theft, fire, acts or service interruptions of a telecommunications carrier or Internet Service Provider, or the delay or failure in the manufacture, production, or supply by third parties of equipment or services.

1.9.3 We will be entitled to a reasonable extension of our obligations after notifying you of the nature and extent of such events.

1.10 Confidentiality

We will maintain the confidentiality of any sensitive information that you give us. As we may have to use subcontractors or third parties, please identify such information in writing at the time of its transmittal and we will safeguard this data by not passing it on.

1.11 Customer Newsletter

As a Customer, you agree to receive our email newsletter, which may contain changes to our terms and conditions and updates to our products and services. You can request removal from our list by contacting us.

1.12 Limitation of Liability

1.12.1 The Customer agrees to indemnify and hold Primary Image Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Primary Image Ltd arising out of any breach by you of this Agreement.

1.12.2 Primary Image Ltd shall not be liable for any defect or fault arising from a product’s fair wear and tear, wilful damage, negligence, abnormal storage or working conditions.

1.12.3 In no event shall Primary Image Ltd be liable to the Customer for any loss of business, loss of opportunity, loss of income, loss of data or for any other indirect or consequential loss or damage whatsoever. This shall apply even where such a loss was reasonably foreseeable or Primary Image Ltd had been made aware of the possibility of the Customer incurring such a loss.

1.12.4 We do not exclude or limit in any way our liability for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

1.13 Assignment

The Customer may not assign or otherwise transfer this Agreement or any part of it without Primary Image Ltd’s prior written consent.

1.14 Severability

If any provision of this Agreement is held invalid, illegal or unenforceable for any reason, such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid, illegal or unenforceable provision eliminated.


2. Terms & Conditions for Printed/Graphic Design Services

These are in addition to the Terms and Conditions in Section 1 of this document.

2.1 Proofs

2.1.1 Proofs of our work may be submitted for your approval and Primary Image Ltd will not incur liability for any errors, omissions or discrepancies not corrected by the customer in these proofs. This will be your final opportunity to make changes to the content. Once you have given us confirmation to proceed, you agree to the final design and contents as depicted on the proof.

2.1.2 Every effort will be made to obtain the best possible colour reproduction on our Customers’ work, but because of the nature of the processes involved Primary Image Ltd cannot guarantee an exact match. Please note that colours will display differently on various computer screens compared to the finished artwork.

2.2 Print production

Due to the nature of print production, whilst rare, the quantity delivered can sometimes vary by 10% more or less from the ordered amount. Shortages may include sheets that are spoiled or start-up sheets. You will not be entitled to object or reject the goods for the reason of a surplus or shortfall within these advised boundaries.

2.3 Deliveries

2.3.1 Where our prices include delivery, please note additional costs may apply to deliveries to the Scottish Highlands, UK islands, other remote areas and locations outside of the UK.

2.3.2 In the event any goods are delivered to you damaged, please reject the goods and inform us and the courier company immediately.

2.4 Copyrights

2.4.1 You guarantee to us that any elements of text, graphics, photos or other media that you provide us for inclusion in your project are either owned by yourselves, or that you have permission to use them. Submitted material must not infringe any applicable laws or contain inappropriate content (such as indecent, offensive, defamatory or threatening material). You agree to indemnify Primary Image Ltd against any claims, costs and expenses if we use material at your request.

2.4.2 When we receive your final payment, copyright is automatically assigned to you for the final graphics and other visual elements that we create as part of your project, unless they are licensed to us by a third-party, in which case the third-party will retain ownership of those elements and their use will be licensed to you. If applicable, usage limitations may need to be respected and licence details will be available on request.

2.4.3 Primary Image Ltd is not required to provide copies of our original design files used to create your products (e.g. Adobe Photoshop, Adobe InDesign files), unless this is agreed in our proposal.

2.4.4 We reserve the right to include a discrete logo or text credit in the final artwork to acknowledge Primary Image Ltd as the designer, unless agreed otherwise in the project proposal, as well as featuring the project in our online portfolio, marketing materials and other media.


3. Terms & Conditions for Website Development Services

These are in addition to the Terms and Conditions in Section 1 of this document.

3.1 Scope of our Work

Primary Image Ltd will create designs for the “look and feel”, layout and functionality of your website. Primary Image Ltd will also undertake general copywriting work for system messages and buttons, but we are not responsible for writing any general text copy for pages unless we agreed this in the project specification.

3.2 Web design concept/spec

Once you have agreed to a website spec, or agreed to any specific design or layout concepts, and instructed Primary Image Ltd to proceed with construction, any subsequent major changes to the website will be charged at our Standard Hourly Rate.

3.3 Testing

3.3.1 We will test all our website coding (i.e. HTML and CSS) in the current versions of the top three browsers (Internet Explorer, Mozilla Firefox and Google Chrome) to ensure the content loads correctly. Please bear in mind that whilst pages will load in a visually similar way in the different browsers, they may not look exactly identical.

3.3.2 We will not guarantee the website will load fully in old or abandoned browsers (for example Internet Explorer 9), unless this is specified as part of our website proposal. If you do require support for other browsers, we will charge our standard hourly rate for the additional coding and testing needed to make your website compatible.

3.4 Website Launch

During the development phase, we will normally provide you with a password to preview the project. This password access will remain in place until you have signed-off the project and confirmed it is complete. Payment may also be requested prior to the website going live.

3.5 Search engines

We will submit your website to the Google and Bing search engines. However, Primary Image Ltd exercises no control over the content of search engines and we can never guarantee a placement in their results.

3.6 Copyrights

3.6.1 You guarantee to us that any elements of text, graphics, photos, videos or other media that you provide us for inclusion in your project are either owned by yourselves, or that you have permission to use them. Submitted material must not infringe any applicable laws or contain inappropriate content (such as indecent, offensive, defamatory or threatening material). You agree to indemnify Primary Image Ltd against any claims, costs and expenses if we use material at your request.

3.6.2 When we receive your final payment and you give your “sign-off” to the project, copyright is automatically assigned to you for the final graphics and other visual elements that we create as part of your project, unless they are licensed to us by a third-party, in which case the third-party will retain ownership of those elements and their use will be licensed to you. If applicable, usage limitations may need to be respected and licence details will be available on request.

3.6.3 XHTML markup, CSS and other code created by Primary Image Ltd will be owned by us and we license it to you for use on this project only. We may use software developed by third-parties that we sub-license to you for non-exclusive use in your website. Usage limitations will need to be respected and licence details are available on request.

3.6.4 Until full payment is received for the website project, we normally can only host the website on our own servers and will not give FTP or direct access to the website files.

3.6.5 We reserve the right to include a discrete logo or text credit (with a link to our website) on your website’s pages to acknowledge Primary Image Ltd as the designer, unless agreed otherwise in the project proposal, as well as featuring the project in our online portfolio, marketing materials and other media.

3.7 Updating your website

3.7.1 If you request us to do any updates to your website (including, but not limited to, edits to your content, adding new pages, changes to the template layout, and changes to the website’s features or functionality), we will normally do small updates within two working days, or for more substantial or complicated work we will give you a timescale for its completion. Please note there may be times during the year when we have a busy work queue, meaning updates may take a little longer than normal.

3.7.2 Updates will be on a per-hour basis and invoiced after the work has been completed, charged at our Standard Hourly Rate.

3.7.3 Where a Content Management System (or “CMS”) is installed, please note that this software requires users to have a certain level of technical knowledge. Whilst we will provide basic help materials and our technical support team will assist where we can (in our sole discretion), you agree that it is not the responsibility of Primary Image Ltd to provide this knowledge. Unfortunately due to limitations of CMS software, we cannot guarantee that all page elements and content will be editable.

3.8 Technical Support

3.8.1 For the duration you have an active hosting plan for your Website with Primary Image Ltd, we will provide free technical support advice via email. This will include answering support queries about managing and editing your website.

3.8.2 If your website uses the Primary Image CMS (Content Management System), we will install periodic security and performance updates to the software at no extra cost, as long as you have a hosting plan with Primary Image Ltd. Sometimes new versions of the CMS software will not be compatible with your Website and extra programming will be required. During each update (and as long as your website has a hosting plan with Primary Image Ltd), we provide up to an hour of compatibility support and programming. If we cannot fix your Website within that time, we will rollback the Website to the previous state and contact you with our recommendations. If it is no longer feasible for your Website to receive the periodic updates, we will discuss options with you.

3.8.3 In the very rare instance that anything should go wrong with your Website caused by a software error, we will attempt to fix the issue at no additional cost as long (as the website is hosted with Primary Image Ltd). In some cases the errors may be caused by changes from a third-party (e.g. a payment provider may make alterations to their integration process), which Primary Image Ltd has no control over and therefore we will need to charge our Standard Hourly Rate for any new programming needed.

3.8.4 Our free technical support will not cover updating the content on your Website, changing your Website’s design and layout, editing your Website’s code to be compatible with new browser software, rectifying any damage that you cause to the Website, or anything else that, in our sole discretion, is outside the scope of our technical support service.

3.8.5 Unfortunately our technical support will not extend to Website’s hosted on third-party servers due to our unfamiliarity with the specific requirements and differences in the server software you may use.

3.8.6 On your request, we can provide direct FTP (File Transfer Protocol) access to your hosting account if your Website is hosted by Primary Image Ltd, allowing you to make your own modifications to the Website files and take over management of the site. Please note, as we cannot track or have any control over the changes you make to your Website via FTP access, you agree to take full responsibility for your actions and Primary Image Ltd cannot offer any free technical support for your Website once we have issued a FTP login to you. We will, however, continue to offer support at our Standard Hourly Rate.

3.8.7 If a training session is provided in our Proposal, the date, time and location will be mutually agreed between you and us. You will need to provide us with a computer, internet connection and (if training more than two persons) a projector and suitable meeting room (unless we have specified otherwise). If you wish to have additional training sessions, these will be charged separately. Please note that should you request to change the date, time or location after a session has been agreed, you may incur additional fees to cover our rebooking charges. Unless otherwise stated, you agree to reimburse our reasonable expenses, such as travel, meals and hotel accommodation.

3.9 Using third-party hosting services

3.9.1 Where we give quotes for website design services, this assumes your website will be constructed to work with our Primary Image Ltd web servers. We reserve the right to charge our Standard Hourly Rate for any additional time it takes us to install or attempt to install your website on a third-party hosting service. We cannot guarantee your website will operate properly on a third-party hosting service due to the wide variety of server configurations and differences in operating software.

3.9.2 We require full payment of the complete project before we transfer your website files out to external web hosting companies / third-party web servers.


4. Terms & Conditions for Website Hosting and Domain Names

4.1 Scope of our Hosting Service

4.1.1 Our Hosting Services comprise the provision of web space on our servers to enable you to host pages and files for the purpose of publishing Websites.

4.1.2 Use of our Services requires a certain level of knowledge in the use of Internet languages, protocols and software. You agree you have the necessary knowledge to utilise the service. Whilst our technical support team will assist where we can (in our sole discretion), you agree that it is not the responsibility of Primary Image Ltd to provide this knowledge.

4.1.3 Included technical support is provided only for websites designed by Primary Image Ltd, as outlined in Section 3.8. Where websites designed by a third-party are transferred to and hosted by Primary Image Ltd and have the Primary Image CMS installed, we will attempt to offer the same level of support as outlined in Section 3.8. However, due to our unfamiliarity with websites designed by third-parties, we cannot guarantee this level of support and will charge our Standard Hourly Rate to attempt to fix any issues that arise with your Website.

4.1.4 Primary Image Ltd grants the Customer a non-transferable, non-exclusive licence to use our web hosting services. For the avoidance of doubt, this Agreement does not transfer or grant to the Customer any right, title, interest or intellectual property rights in our software.

4.1.5 You must not sell, lease, license or sublicense access to our Web Hosting Services, nor give any third-parties access to your account, without our written permission.

4.1.6 We reserve the right to change any IP addresses associated with your hosting account at any time, should an operational need arise.

4.2 Acceptable Use Policy

4.2.1 The Website and use of the Services may be used for lawful purposes only and the Customer may not submit, publish or display any content that breaches any law, statute or regulation. In particular the Customer agrees not to:

  • use the Services or your Website to send unsolicited commercial email or “spam”, or any similar abuse of the Services;
  • operate mailing lists without a clear opt-in and opt-out process;
  • publish, post, distribute or disseminate defamatory, discriminatory, obscene, indecent or other unlawful material or information, or any material or information which infringes any intellectual property rights;
  • threaten, abuse, disrupt or otherwise violate the rights (including rights of privacy and publicity) of others;
  • engage in illegal or unlawful activities through the Services or via the Website (this applies to UK law and, if different, the country from which the website is operating);
  • host any adult material on your account, including pornography;
  • make available or upload files to the website or to the Services that the Customer knows contain a virus, worm, trojan or corrupt data;
  • obtain or attempt to obtain access, through whatever means, to areas of Primary Image Ltd’s server or Services which are identified as restricted or confidential;
  • operate or attempt to operate permanent server processes;
  • run any software that interfaces with an Internet Relay Chat (IRC) network;
  • participate in any file-sharing/peer-to-peer or game server activities;
  • use your web hosting account as a file distribution website, a remote file host for other websites or as an offsite backup facility;
  • point web domain names to sub-directories within your hosting account which are not directly linked to the default Website (i.e. hosting more than one Website per account).

4.2.2 This list is not exhaustive and Primary Image Ltd reserves the right to add further restrictions at any time to protect our brand, reputation and server performance.

4.2.3 We will determine, in our discretion, whether there has been a breach of this Acceptable Use Policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate. This may include, but is not limited to, one of more of the following:

  • issue of a warning to you;
  • immediate, temporary or permanent removal of any material hosted on our Servers;
  • immediate, temporary or permanent withdrawal of your right to use the Hosting Services;
  • issue of legal proceedings against you to cover any reasonable costs we incur resulting from the breach;
  • disclosure of your information to law enforcement authorities.

4.2.4 The Customer has full responsibility for the content of their Website. For the avoidance of doubt, Primary Image Ltd is not obliged to monitor, and will have no liability for, the content of any communications transmitted by virtue of the Services.

4.2.5 If the Customer fails to comply with this agreement, Primary Image Ltd shall be entitled to withdraw the Services and terminate the Customer’s account without notice.

4.3 Payments and renewal

4.3.1 Unless we otherwise state, hosting periods are contracted for twelve months and are deemed to be ‘continued’ annually on the anniversary of the original setup date. Please note that failure to pay for renewals does not constitute cancellation.

4.3.2 Payments are required in advance of the hosting renewal date. We will notify you in advance by sending a message to your email address that we have on file.

4.3.3 If we do not receive the full payment by the renewal date, we reserve the right to suspend your account. Primary Image Ltd will not be liable for any interruptions to the availability of your website or loss of files.

4.3.4 Prices are liable to change at any time. We will notify you of a change in our prices at least 30 days before the price increase comes into force. If you do not agree to such price changes, please cancel your Services.

4.4 Termination

4.4.1 All services will renew until cancelled by the customer. It is the customer’s responsibility to cancel services prior to renewal as no refund can be made once a renewal has occurred. You must notify us at least 48 hours before a service is renewed if you wish to cancel the service.

4.4.2 If any part of this contract is broken, we reserve the right to terminate your account.

4.4.3 On termination Primary Image Ltd has the right to immediately and permanently delete all data on the Customer’s account. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.

4.4.4 Pro-rata refunds will not be issued for services that are cancelled before the end of the term.

4.4.5 Should you wish to move your website to a new hosting provider, we can provide a Zip file of your latest website contents (as available via FTP) and, if applicable, a MySQL database, which will be given via a download link. We reserve the right to charge our Standard Hourly Rate for the time we incur in providing you these files. Please note Primary Image Ltd will only provide you with a copy of your website files (as described above) and will not be responsible for providing instructions or setting up your website on a third-party hosting account. We also reserve the right to remove any proprietary technology designed to be used on our customer websites, prior to us handing over a copy of your website.

4.5 Service Levels

4.5.1 Primary Image Ltd shall use its reasonable endeavours to make the Server and the Services available to the Customer at all times, but because the Services are provided by means of computer and telecommunications systems, Primary Image Ltd makes no warranties or representations that the Service will be uninterrupted or error-free and Primary Image Ltd shall not, in any event, be liable for interruptions of Service or downtime of the server.

4.5.2 We will, from time to time, publish our server availability statistics on our Website. Service credits are not given for any form of downtime or Service unavailability.

4.6 Backups

4.6.1 We will attempt to backup your website at regular intervals to safeguard data in the event of a server failure, but Primary Image Ltd cannot be held liable if a backup is not successful or it is not possible to recover all your data. No guarantees are made of any kind as to the integrity of these backups.

4.6.2 If you require us to restore files or databases due to a corruption, accidental deletion or for any reason not caused by the server hardware or server operating system, we reserve the right to charge our Standard Hourly Rate.

4.6.3 Upon termination or expiration of this Agreement, Primary Image Ltd may retain historic archives of our server’s contents, which may include your data. We will delete this data at your request.

4.7 Security

4.7.1 You will be issued with a username and password to access certain services or website areas provided by Primary Image Ltd. If you reasonably believe that this information has become known to any unauthorised person, you agree to immediately inform Primary Image Ltd so we can change your password.

4.7.2 We take the security of our servers very seriously and put additional measures in place to help prevent hacking attempts and intrusions. However, we cannot be held responsible for the actions of a third-party and will charge our Standard Hourly Rate for any time it takes us to repair your website.

4.8 Registration or Renewal of Domain Names

4.8.1 Primary Image Ltd will register or renew a domain name on your behalf once payment for these Services has been received from you. As long as we have control of the domain name (and it is hosted on our systems), we will notify you in advance of the renewal date by sending a message to your email address that we have on file.

4.8.2 If we do not receive payment by the date we specify, we will not be liable for your loss of the domain name and any interruptions to the availability of your Website.

4.8.3 Primary Image Ltd does not accept responsibility nor does it make any warranty that the domain names(s) requested by the Customer will be accepted for registration or renewal in the register of a domain naming organisation. Primary Image Ltd will not be liable for any costs the Customer incurs if the application for Registration is unsuccessful.

4.8.4 Domain names will be registered in your name and you will be responsible for completing any necessary requests from the domain name issuing authority (e.g. Nominet UK).

4.8.5 When Primary Image Ltd registers or renews any domain name on your behalf, you agree you have read and accepted the terms and conditions of the relevant domain registration authority prior to placing an order with us. For example, Nominet UK’s terms and conditions (for UK based domains) can be found at http://www.nominet.org.uk/nominet-terms.

4.8.6 Primary Image Ltd does not accept responsibility for any liability to third parties for breach of their Intellectual Property Rights in relation to the domain name(s) requested by the Customer.

4.8.7 Domain names will not be released to another hosting company or registrar until all outstanding payments are made on your account. There will be a charge of £60 per domain to release a domain to another registrar to cover our administration time.

4.9 Domain Names Managed via Third-Parties

4.9.1 If you have any existing domain names registered through third-parties that you wish to keep, we will need administrator access (usually a username and password they have provided) to transfer control of these domains to our systems. You give us authorisation to do this once you provide us with your third-party log-in details.

4.9.2 If you wish to keep your domain names hosted via a third-party company, please inform us in writing. You will be responsible for the management of your account with these third-parties, including making any necessary settings changes and arranging payments when those services are due for renewal.

4.9.3 Primary Image Ltd will not accept any liability for project delays and/or unavailability of your Website caused by transferring domain names, nor will we be responsible for paying any release or renewal or other fees imposed by your third-party domain registrar. You are responsible for cancelling any active services or contracts with third-parties that are no longer required.

4.10 Hosting plan discounts

4.10 Customers with more than one active hosting plan with Primary Image Ltd are eligible for a discount of 25% off the price of their second (and additional) hosting plans. To be eligible for the discount, all websites must be assigned to and invoiced to the same customer. No discount is available for the first hosting plan purchased per year. If a customer has purchased different tier hosting plans (i.e. different packages), the discount will only apply to the lowest price plan(s).


5. Terms & Conditions for using this website

These are in addition to the Terms and Conditions in Section 1 of this document.

5.1 Limited warranties

5.1.1 The content of the pages of this Website are subject to change without notice.

5.1.2 Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

5.2 Copyright

5.2.1 You must not republish, reproduce, duplicate or copy any of our Website’s content or material, unless you have prior written permission from Primary Image Ltd. Unauthorised use of this Website may give rise to a claim for damages and/or be a criminal offence.

5.2.2 You may seek permission to use the copyright materials on this website by writing to Primary Image Ltd by contacting us via the details on our Contact page.

5.3 Limitations

This Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the Website(s). We have no responsibility for the content of the linked Website(s).

5.4 User-generated content

5.4.1 This Website allows you to submit “user content” (which includes, but not limited to, text and images). You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media, unless you explicitly mark your submission as otherwise.

5.4.2 Your “user content” must not be illegal or unlawful, and must not infringe any third party’s legal rights. We reserve the right to edit or remove any material submitted to our Website.

5.5 Restricted areas

If we provide you with a user ID and password to enable you to access restricted areas of our Website, you must ensure that your user ID and password are kept confidential. We may disable your user ID and password in our sole discretion without notice or explanation.

 


This document was last updated on 1 September 2017.

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